S_JUD_2020A 05/26/2020 10:42:56 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGSENATE COMMITTEE ON JUDICIARY Date 05/26/2020 Attendance Cooke X Gardner X Rodriguez X Gonzales X Lee X Time 10:42:56 AM to 11:30:52 AM Place Old Supreme Court Chamber This Meeting was called to order by Senator Lee This Report was prepared by Juliann Jenson Hearing Items Action Taken hHB20-1196 Referred to Senate Appropriations hSB20-191 Postponed Indefinitely hSB20-187 Postponed Indefinitely hHB20-1102 Postponed Indefinitely hHB20-1267 Postponed Indefinitely hSB20-179 Postponed Indefinitely hSB20-180 Postponed Indefinitely hSB20-192 Postponed Indefinitely hHB20-1088 Postponed Indefinitely hHB20-1120 Postponed Indefinitely hHB20-1130 Postponed Indefinitely hHB20-1147 Postponed Indefinitely hHB20-1234 Postponed Indefinitely hHB20-1241 Postponed Indefinitely hHB20-1291 Postponed Indefinitely hHB20-1307 Postponed Indefinitely hSB20-151 Postponed Indefinitely hConf 20-Juvenile Parole Board Favorably Refer to Full Senate - Consent Calendar X = Present, E = Excused, A = Absent, * = Present after roll call HB20-1196 - Referred to Senate Appropriations Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/3309D9752CF9...$File/20SenateJud0526AttachA.pdf?OpenElement 20SenateJud0526AttachA.pdf 10:55:54 AM Senator Lee made opening remarks. He outlined limitations on time and resources in the face of COVID-19 and discussed reasons why bills may not make it through the legislative process despite their importance. Senator Fenberg, sponsor, explained House Bill 20-1196, concerning updates to the laws governing mobile home parks. He discussed the merits of the bill and the importance of affordable house. Senator Lee, co-prime sponsor, explained the importance of housing and mobile home parks especially during a public health crisis. A letter of support from the League of Women Voters was submitted for the record (Attachment A). 10:55:56 AM Motion Refer House Bill 20-1196 to the Committee on Appropriations. Moved Lee Seconded Cooke No Gardner No Rodriguez Yes Gonzales Yes Lee Yes Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS SB20-191 - Postponed Indefinitely 10:57:33 AM Senator Lee, sponsor, explained Senate Bill 20-191, concerning the creation of a class 2 felony offense when the death of a person is caused by a participant without deliberation in the course of the commission of specified felony offenses. He noted the importance of the bill but asked that the bill be laid over until August 1, 2020, due to fiscal and time constraints. 10:57:35 AM Motion Postpone Senate Bill 20-191 indefinitely. Moved Lee Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB20-187 - Postponed Indefinitely 11:02:30 AM Senator Lee explained Senate Bill 20-187, concerning the therapeutic group treatment pilot program in the Division of Youth Services. Senator Lee briefly cited funding concerns and requested that the bill be indefinitely postponed. 11:02:32 AM Motion Postpone Senate Bill 20-187 indefinitely. Moved Lee Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1102 - Postponed Indefinitely 11:03:15 AM Senator Lee, sponsor, explained House Bill 20-1102, concerning procedures to protect the defendant when jailhouse witnesses are used in a criminal case, and in connection therewith, making an appropriation. He asked that the bill be postponed indefinitely in light of the current circumstances. 11:03:17 AM Motion Postpone House Bill 20-1102 indefinitely. Moved Lee Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1267 - Postponed Indefinitely 11:04:22 AM Senator Gonzales, sponsor, explained House Bill 20-1267 concerning transparency of penal telecommunications service providers in jails, and in connection therewith, making an appropriation. She acknowledged the high costs of telecommunications in jails but noted the unusual circumstances and asked that the bill be indefinitely postponed. 11:04:23 AM Motion Postpone House Bill 20-1267 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB20-179 - Postponed Indefinitely 11:05:08 AM Senator Gonzales explained Senate Bill 20-179 concerning required data collection by district attorneys related to defendants that is available to the public. She spoke on behalf of Senator Foote, bill sponsor, and asked that it be indefinitely postponed. 11:05:09 AM Motion Postpone Senate Bill 20-179 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB20-180 - Postponed Indefinitely 11:06:38 AM Senator Gonzales, sponsor, explained Senate Bill 20-180 concerning services for persons with dyslexia in the criminal justice system. She explained that many individuals involved in the criminal justice have learning disabilities but acknowledged the fiscal note and financial constraints. 11:06:40 AM Motion Postpone Senate Bill 20-180 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS SB20-192 - Postponed Indefinitely 11:07:40 AM Senator Rodriguez, sponsor, explained Senate Bill 20-192, concerning additional protections for employees of a staffing agency who are referred to work-site employers for employment. He requested that the bill not go forward this legislative session. 11:07:42 AM Motion Postpone Senate Bill 20-192 indefinitely. Moved Rodriguez Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1088 - Postponed Indefinitely 11:08:45 AM Senator Gonzales explained House Bill 20-1088, concerning the certification process for the purpose of application for U nonimmigrant status. She spoke on behalf of Senator Danielson, bill sponsor, who was not present at the hearing. 11:08:47 AM Motion Postpone House Bill 20-1088 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1120 - Postponed Indefinitely Attachment Tag File Name Attachment B http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/58428F3113FC...$File/20SenateJud0526AttachB.pdf?OpenElement 20SenateJud0526AttachB.pdf 11:11:18 AM Senator Gardner explained House Bill 20-1120, concerning enhancing the enforcement of crimes of sexual exploitation of a child, and, in connection therewith making an appropriation. He discussed unlawful images of children on the internet and the need for this bill. Senator Lee noted written public testimony submitted by the Colorado District Attorneys' Council in support of the bill (Attachment B). 11:11:20 AM Motion Refer House Bill 20-1120 to the Committee on Finance. Moved Gardner Seconded Cooke Yes Gardner Yes Rodriguez No Gonzales No Lee No YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL 11:11:50 AM Motion Postpone House Bill 20-1120 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. Moved Gonzales Seconded Cooke No Gardner No Rodriguez Yes Gonzales Yes Lee Yes Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1130 - Postponed Indefinitely 11:12:42 AM Senator Gonzales explained House Bill 20-1130, concerning the online availability of opinions issued by Colorado courts. She spoke on behalf of the bill sponsors, Senators Bridges and Hisey, and asked that the bill be indefinitely postponed. 11:12:44 AM Motion Postpone House Bill 20-1130 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner No Rodriguez Yes Gonzales Yes Lee Yes Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1147 - Postponed Indefinitely 11:13:35 AM Senator Gonzales explained House Bill 20-1147, concerning allowing children reasonable independence to engage in activities without finding that the child is abused or neglected. She spoke on behalf of the bill sponsors, Senators Smallwood and Moreno, and asked that the bill be indefinitely postponed. 11:13:37 AM Motion Postpone House Bill 20-1147 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner No Rodriguez Yes Gonzales Yes Lee Yes Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1234 - Postponed Indefinitely 11:14:22 AM Senator Gonzales explained House Bill 20-1234, concerning peace officer status for certain employees of the Department of Revenue. She spoke on behalf of the bill sponsor, Senator Fields, and asked that the bill be indefinitely postponed. 11:14:24 AM Motion Postpone House Bill 20-1234 indefinitely. Moved Gonzales Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1241 - Postponed Indefinitely 11:15:15 AM Senator Rodriguez, sponsor, explained House Bill 20-1242, concerning the issuance of a professional license to a person who is legally authorized to work in the United States. He noted the importance of the bill but asked that it be indefinitely postponed. 11:15:16 AM Motion Postpone House Bill 20-1241 indefinitely. Moved Rodriguez Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1291 - Postponed Indefinitely 11:17:10 AM Senator Gardner, sponsor, explained House Bill 20-1291, concerning the "Uniform Collaborative Law Act". He spoke in support of the bill and explained that the bill has no fiscal note, as well as makes positive, restorative justice changes to collaborative law. 11:17:11 AM Motion Refer House Bill 20-1291 to the Committee of the Whole. Moved Gardner Seconded Cooke Yes Gardner Yes Rodriguez No Gonzales No Lee No YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL 11:17:30 AM Motion Postpone House Bill 20-1291 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. Moved Gonzales Seconded Cooke No Gardner No Rodriguez Yes Gonzales Yes Lee Yes Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS HB20-1307 - Postponed Indefinitely Attachment Tag File Name Attachment C http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/5F00E85F8BAA...$File/20SenateJud0526AttachC.pdf?OpenElement 20SenateJud0526AttachC.pdf 11:26:53 AM Senator Tate, sponsor, explained House Bill 20-1307, concerning banning the use of panic defense unless a party can show its relevance to the court. He discussed the stakeholder process, the proceedings in the House, and the bipartisan support for the bill. Senator Lee noted written public testimony that was submitted in support of the bill (Attachment C). 11:26:55 AM Motion Postpone House Bill 20-1307 indefinitely. Moved Lee Seconded Cooke No Gardner No Rodriguez Yes Gonzales Yes Lee Yes Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS SB20-151 - Postponed Indefinitely 11:29:10 AM Senators Tate and Rodriguez, co-prime sponsors, explained Senate Bill 20-141, concerning the administration of the Regional Transportation District (RTD). They acknowledged the difficulties RTD is facing, but asked that the bill be indefinitely postponed. 11:29:11 AM Motion Postpone Senate Bill 20-151 indefinitely. Moved Rodriguez Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS Conf 20-Juvenile Parole Board - Favorably Refer to Full Senate - Consent Calendar 11:30:35 AM Senator Lee noted the confirmation packet for Elizabeth Martinez that was distributed prior to the hearing. 11:30:38 AM Motion Refer the appointment of Elizabeth Martinez to the Conf 20-Juvenile Parole Board to the full Senate with a favorable recommendation and with a recommendation that it be placed on the consent calendar. Moved Gonzales Seconded Cooke Yes Gardner Yes Rodriguez Yes Gonzales Yes Lee Yes Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS 11:30:52 AM The committee adjourned.